Planning Commission

Spearfish Planning Commission Agenda June 15, 2021 at 2:00 p.m. PLEASE NOTE SPECIAL MEETING TIME Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish, SD And Zoom Online Meeting Join Zoom Meeting https://us02web.zoom.us/j/83974094396 Meeting ID: 839 7409 4396 OR Dial in: +1 346 248 7799 and enter Meeting ID A. Call To Order B. Roll Call C. Approve the Minutes from June 1, 2021 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Approve a DRD final plan for a 14 unit apartment building Location: Lot 40 Block 16 at the Reserve Applicant: Kevin Dailey Action: Make a recommendation to City Council 2. Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive Applicant: Jim Boke Action: Set a public hearing for July 6, 2021 3. Request: Approve a preliminary plat for a 9 lot subdivision Location: East of Woodlands Drive – Tract W1 Applicant: Jim Boke Action: Set a public hearing for July 6, 2021 F. City Council Update G. Public Comment - Public comments are welcome at this time, however, no action will be taken. H. Adjournment ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and need special accommodations, please notify the Building and Development Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Spearfish Planning Commission Regular Session Minutes June 1, 2021 at 2:00 p.m. The Spearfish Planning Commission met in regular session on June 1, 2021 at 2:00 p.m., in the council chambers of city hall and via Zoom video conference. Chairman Bordewyk called the meeting to order. Roll call was taken with the following members present: Toby Bordewyk, Abe Kean, Greg Kruskamp, Bob Meyer, Larry Vavruska and Barbara Zwetzig. Absent: Meghan Byrum. Also present: City Planner Jayna Watson, City Attorney Ashley McDonald, City Administrator Mike Harmon. APPROVAL OF MINUTES: Kruskamp moved, Vavruska seconded, and all voted to approve the minutes of the May 18, 2021 Planning Commission meeting. DECLARATIONS OF CONFLICTS OF INTEREST: Bordewyk called for any potential conflicts of interest to be identified. None were identified. 1. Request: Amend Appendix A Zoning to incorporate regulations for Cannabis Establishments Location: Agriculture, Commercial, and Industrial Districts Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to City Council Watson provided a review of the staff report and recommendation. Comments from the Commission included: 1) Grandfathering provisions of section 15(I), 2) removal of religious institutions from the list of land uses requiring the 1,000 foot buffer to a cannabis establishment, 3) removal of the 1,000 foot buffer between a dispensary and residence or testing facility, especially as it applies to recreational marijuana, 4) distance to public schools relative to statute language, 5) requirements for separate license for each type of cannabis establishment, and 6) definition of a practitioner per state law. Bordwyk opened the public hearing. Providing testimony were Kittrick Jeffries of Dakota Cannabis Consulting, Liz Tiger 919 S. 32nd Street, and Daniel Asarch 3850 Ward Avenue. Bordewyk closed the public hearing. Meyer moved, Zwetzig seconded, and all voted to recommend approval to the City Council. City Council Update – No updates were provided since City Council did not meet last week and the next meeting is June 7. Public Comment – No comments were provided. Adjournment - Bordewyk adjourned the meeting at 2:45 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Teleconference, see page 3 for instructions to join. Meeting time June 15, 2021 at 2:00 p.m. and date: Applicant: Kevin Dailey Request: Approve a DRD final plan for a 14 unit apartment building Action: Make a recommendation to City Council Lot 40 Block 16 at the Reserve Location: Project This will result in a 14 unit multi family building, and parking will be Summary: provided according to the new parking requirements. Page 1 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» BACKGROUND AND HISTORY: • Annexed in 2007 and rezoned from county Ag to Development Review District (DRD) • Previous site plan approval was for an 8 unit apartment building in 2018 The parcel is surrounded by the following zoning and development patterns: • Property is zoned Development Review District • West and north are multi family • East is duplex and single family • South is duplexes PROJECT DATA: Parcel size: 48,786 sq. ft. Number of lots/dwellings: 14 apartments Setbacks required/provided: Front – n/a (front property line is an access easement) Rear – 25 feet/36 feet Side – 12 feet/25 feet east and west Open space required/provided (30%): 14,636 sq. ft./17,309 sq. ft. Landscape points required/provided: 38,937 points/42,320 points Parking required/provided: 1 and 2 bedroom units @ 1.5 spaces each x 12 units = 18 3 bedroom unit @ 2 spaces each x 2 units = 4 Total parking = 22 spaces required/23 spaces provided FINAL PLAN APPROVAL OF 2018 In late 2018, this property received DRD final plan approval for an 8 unit multi family project. That approval stated: revisions to the site plan are permitted provided that the square footage and dimension of the open space located south and east of the parking lot remains unchanged. Because both the square footage and overall open space dimensions are changing, a new review process is needed. REVIEW CRITERIA and STAFF ANALYSIS: The DRD zoning text lists the following criteria that guide this review. Staff’s comments are italic text. In consideration of a request for Final Plan approval, the Planning Commission and City Council shall take into account the following factors both the One-Step and Two-Step types of Final Plan approval: a. Conformance with Permitted Uses, Prohibited Uses, and Minimum Requirements for Improvement and Design. Multi family uses are permitted in the DRD zoning district, and the site plan illustrates conformance to the requirements for parking, open space, and landscape. Page 2 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  b. Site and building design compatibility with and relationship to existing and potential uses adjacent to the proposed project; The building is located on the west side of the property to provide as much separation as possible from the single family to the east. The open space along the east property line is 25 feet in width, which is two times the distance of the standard 12 foot building setback. Because the south end of the building is over 150 feet from the turnaround at the existing shared driveway, a fire apparatus turn around is required. There are several options for this, one of which is the 96 foot diameter turnaround space as shown on the site plan. Staff’s opinion is that this site has enough room to place green space in the center of this area with an accessible driveway surrounding it. c. Aesthetic considerations related to the scope and size of the proposed use(s); The architecture is similar to the theme established at the Reserve. d. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; The adjoining street network has the capacity for this level of residential density, and the existing site driveway is shared with the adjoining property. e. Testimony received from the public, and comments received by departments, agencies and commissions as provided in Section 10. F.3.a. or 10.G.4.a, as applicable. No comments have been received as of this writing. PUBLIC COMMENTS: Mailed notice was provided to owners within 140 feet and a sign was posted on the property advising of the Planning Commission and City Council meetings. None have been received as of the writing of this report. STAFF RECOMMENDATION: Approve Join by zoom teleconference https://us02web.zoom.us/j/83974094396 Meeting ID 839 7409 4396 Or dial in at +1 346 248 7799 and enter Meeting ID Page 3 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» ATTACHMENTS: Page 5 - Aerial Map Page 6 - Approved site plan of 2018 Page 7 – 8 Proposed site plan 2021 Page 9 – Alternative to 96’ diameter fire truck turnaround Page 10 – 11 Building elevation rendering Page 12 - DRD review checklist and criteria STAFF CONTACT: Jayna Watson, 605-717-1122; jayna.watson@cityofspearfish.com Page 4 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» Duplex project approved in 2018 Now under construction Request for DRD final plan approval for 14 unit multi family building Page 5 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» Previous site plan approval from 2018 Page 6 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» 2021 revised site plan Page 7 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  Page 8 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date» Alternative to 96’ diameter fire truck turnaround: central green space surrounded by drive aisle. Page 9 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  Page 10 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  Front left elevation Front right elevation Rear left elevation Rear right elevation Page 11 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  DRD Submittal Checklist Requirements 1. Final Plan Submittal Requirements. All Final Plans ✓ = Provided by applicant must include the following information: a. The ownership and legal description of the ✓ property included in the project and of adjoining properties; b. Location and siting, size and use of all ✓ structures, building setbacks, improvements and facilities to be constructed/reconstructed by the applicant, if applicable; c. Architectural elevations of all commercial and ✓ multi-family (3 or more attached units) structures, if applicable; d. Location of all points of ingress and egress and ✓ their relationship to the existing transportation system and internal traffic circulation pattern; e. Street widths, materials of construction, and no street improvements with this request. curb/gutter, sidewalk and recreation paths, if applicable; ✓ f. Landscape plan, if applicable; g. Lighting plan; no parking lot lighting proposed. h. Parking plan; ✓ i. Drainage plan; will be reviewed by city engineer with building permit submittal. j. Designation of all areas to be dedicated to the public or held in common ownership; ✓ k. Proposed covenants and restrictions, if not applicable. applicable; Page 12 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  l. Such other architectural and engineering data as may be required by the Planning no additional requirements Commission; recommended. m. A preliminary plat may be submitted as a part not applicable. of the final plan; DRD Final Plan Review Criteria: 2. Final Plan Approval Criteria. In consideration of a ✓ = Criteria Satisfied request for Final Plan approval, the Planning Commission and City Council shall take into account of the following factors both the One-Step and Two- Step types of Final Plan approval: a. Conformance with Permitted Uses, ✓ Prohibited Uses, and Minimum Requirements for Improvement and Design. b. Site and building design compatibility with and relationship to existing and potential ✓ uses adjacent to the proposed project; ✓ c. Aesthetic considerations related to the scope and size of (the) proposed use(s); d. Public safety issues relating to projected ✓ traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; and e. Testimony received from the public, and ✓ comments received by departments, agencies and commissions as provided in Section 10. F.3.a. or 10.G.4.a, as applicable. Page 13 Spearfish Planning Commission Staff Report Meeting Date: «Meeting_Date»  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Teleconference, see page 3 for instructions to join. Meeting Date and Time: June 15, 2021 at 2:00 p.m. Applicant: Jim Boke Request: Approve a change of zoning from Ag (Agriculture) to R-1 (Single Family), and preliminary plat Action: Set a public hearing for July 6, 2021 Location: Northeast corner of Blue Stem Boulevard and Woodlands Drive Subject Site Blue Stem Blvd. (unimproved) Proposal Summary: This will result in the development of a single family subdivision with lot sizes of ½ acre. Page 1 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. BACKGROUND AND HISTORY: Briefly summarize the surrounding property, use bullet points and examples below: • Annexed into the Foothills Addition in 2003 and zoned Agriculture (Ag) • Surrounding zoning and development patterns: - North zoned Ag, undeveloped - South, and west, zoned DRD/PUD, developed as single family - East – zoned Ag and undeveloped • Site data: - Parcel size 18.77 acres - 23 single family dwellings proposed - Standard R-1 single family setbacks and development standards PROJECT DATA: Parcel size: 18.77 acres Number of lots/dwellings: 23 single family Setbacks required: Front – 25 feet Rear – 25 feet Side – 8 feet Lot size: Plan shows ½ acre lots however applicant will have the flexibility to plat each lot at a minimum of 8,000 square feet. REVIEW CRITERIA AND STAFF ANALYSIS: This ordinance revision is guided by the City of Spearfish Revised Code of Ordinances, Appendix A - Zoning, Article VI. Administration and Enforcement, Section 5. Amendments. Staff’s analysis follows each statement in italic text. A. Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide. 1. Text or map amendments. Proposed amendments shall: a) Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. This parcel is within a growth area for residential development. Demand remains steady for medium sized single family lots. In 2020, Spearfish issued 101 new single family home permits. In 2021 this number will likely be exceeded since as of May, 57 new single family home permits have been issued. b) Be consistent with the intent and purposes of the ordinance. The zoning district being requested is consistent with the creation of a single family residential neighborhood. The development standards will be the R-1 single family for lot size, standard setbacks, lot coverage, etc. c) Not directly or indirectly adversely affect any other part of the ordinance. Not applicable d) Be consistent with and not in conflict with the Spearfish comprehensive plan. The comprehensive plan identifies this location as being with the ‘contiguous city’ which are the locations where the development patterns are established, and infrastructure exists to serve growth. Within this geography, the proposal should “Consider traffic patterns, street design, pedestrian ways, setback, architecture, open space, and environmental quality when determining the compatibility of a new land use proposal located in an area having an established development pattern.” The proposal reflects a logical extension of the existing street and utilities network. Blue Stem Boulevard is shown on the Master Transportation Plan as an east/west Page 2 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m.  collector street and will be built with this development. The approximate trip generation resulting from this property will be approximately 230 daily trips. An open space/trail corridor runs along the north boundary of the parcel and will be incorporated as part of the Woodlands private trail system. This is not a city maintained system and is not a condition of zoning approval. The proposed street cross section and preliminary street grades will be published with the next staff report and were unavailable at the time of this writing. PUBLIC COMMENTS: Notice of the public hearing will be published in the newspaper and certified mail notices will be provided to property owners within 200 feet of the parcel boundary. STAFF RECOMMENDATION: Set a public hearing for July 6, 2021. Join by zoom teleconference https://us02web.zoom.us/j/83974094396 Meeting ID 839 7409 4396 Or dial in at +1 346 248 7799 and enter Meeting ID ATTACHMENTS: Page 4 - Aerial and Zoning Map Page 5 – 6 - Applicant’s Comprehensive Plan Questionnaire/Narrative Page 7 - Preliminary Plat/Site Plan Tract H Page 8 - Context Map – Tract H (this request) and Tract W1 (separate request) Page 9 – Master Transportation Plan – Major Streets Plan Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. Location of change of zoning from Ag (Agriculture) to R-1 (Single Family) and preliminary plat approval – Yellow Boundary Cross Hatch – PUD and DRD Green = City Agriculture Page 4 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m.  City of Spearfish Comprehensive Plan Questionnaire Change of zoning and revisions to DRD concept plans Please provide complete written responses to the following questions concerning your request. 1. In general, describe features of your project that make it compatible to the existing development patterns around your parcel. Tract H adjoins the Homestead at Spearfish subdivision along the section line street Bluestem Blvd, for 1/4 mile and is located on the north side of the section line. It is a logical extension of this subdivision with the ability to have city sewage services with natural flow. There is also R1 density to the west side of Tract H, the Honeysuckle court area. 2. If the land uses that are adjacent to your property are of a lesser land use intensity, describe specific buffering methods to be used that will reduce the impacts to the lesser intensity land uses. Track H is located below, to the south of Tract W which is zoned city agriculture, as is the property to the east. Tract H also slopes towards the south. The visual impact to Tract W of the homes in Tract H is minimized by most of them being out of sight. 3. Describe changes or upgrades needed to the street network to accommodate traffic from your project. None to our knowledge as this was planned in our earlier stages of development. Bluestem Blvd has been planned from the beginning to be a 42 ft collector street. 4. Describe changes to proposed site access points if they are different from any previous zoning, conditional use permit or DRD concept plan approval. Access will be the section line street Bluestem Blvd along the entire south side of Tract H. 5. Describe the locations of sidewalks and paths that will be extended along the site frontage or through the property. Standard 5 foot sidewalks will be located throughout the project on all streets except for streets that the city and developer agree upon that the area may be better served by one 8 foot sidewalk on one side of that street. Page 5 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. 6. Identify the dimensions of the proposed building setbacks, and if they are more, less, or the same as what is required by existing zoning on the adjacent property. Setbacks are proposed to be standard city setbacks as lots are close to half acre lots. 7. Identify the proposed building height, and if it is more, less, or the same as what is required by existing zoning on the adjacent property. Building heights will be standard residential building heights according to city ordinances. Homestead Covenants has some restrictions limiting heights in some locations to prevent excessive restriction of neighbors views. 8. Does the proposed open space function as: (mark all that apply) a. Undeveloped space between the project and adjacent development b. Passive recreation (walking/biking paths, benches/tables) c. Active recreation (playground structures, sports courts/fields) There is no proposed open space. 9. Describe if any existing vegetation will be removed from the site or from the public right of way. There is only native grasses on Tract H at this time. It will be reseeded the same until homeowners build and landscape. 10. If your project promotes or supports Black Hills State University by offering services, programs, facilities, housing or other benefits to the University, describe what is being provided. Only that we would be providing very nice single family lots for potential or existing BHSU faculty and administrators. 11. Describe any affordable housing goals that could be met by your project. None with this project 12. Describe any other features of your project not addressed above that contribute to the overall well-being and development of the community. These will be a little larger traditional curb and gutter city residential lots with great views located in an extremely convenient location just north exit 14. Page 6 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m.  Page 7 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. Location of change of zoning from Ag to R1 Page 8 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. Major Streets Plan of the Master Transportation Plan Green solid line – existing collector Green dashed line – future collector Blue Stem Boulevard Red solid line – existing arterial Red solid line – future arterial Page 9 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 and by Zoom Teleconference, see page 3 for instructions to join. Meeting Date and Time: June 15, 2021 at 2:00 p.m. Applicant: Jim Boke Request: Approve a preliminary plat for a 9 lot subdivision Action: Set a public hearing for July 6, 2021 Location: East of Woodlands Drive Proposal Summary: This will result in the development of a single family subdivision with lot sizes of 2 acres Page 1 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. BACKGROUND AND HISTORY: • Annexed into the Foothills Addition in 2003 and zoned Agriculture (Ag) • Surrounding zoning and development patterns: - North zoned Ag, undeveloped - Northwest zoned Ag, developed as the Woodlands subdivision - South zoned Ag with pending change of zoning for R-1 single family and presently undeveloped - East – zoned Ag and undeveloped PROJECT DATA: Parcel size: 24.2 acres Number of lots/dwellings: 9 single family lots, 2 acres + in size. REVIEW CRITERIA AND STAFF ANALYSIS: This request is governed by the subdivision code which requires the review of the following: 1) All lots are provided a means of access to the street system and the road meets the standards of the code, as well as the master transportation plan. 2) Lots are the minimum size according to the zoning of the property. 3) Water and sewer infrastructure requirements of Chapter 15A of the subdivision code are met. Street access - The proposed street cross section for this property will be similar to the existing Woodland Drive, where a 60 foot right of way and 24 feet of asphalt with no curb/gutter or sidewalk. This is the low density residential classification according to the code and is consistent with the large lot plan and cul de sac. Preliminary street grade will be published with the next staff report and were unavailable at the time of this writing. No collector or arterial streets are illustrated by the Master Transportation Plan in this location. Lot size – The minimum lot size of the Ag zoning district is one acre. The proposed lots are 2.5 acres each. Water and sewer infrastructure – The property owner will extend a water main to these lots from Woodland Drive. Sewer is not required since the parcel is zoned Ag, and gravity sewer flow is more than 200 feet from the property line, which qualifies this property to use individual septic systems according to this recent change to the city’s subdivision ordinance in section 15A-95: (c) Except where otherwise prohibited by law, easement, ordinance, or other more restrictive regulation, for lots one (1) acre and larger zoned Agriculture (AG), and located at a distance greater than otherwise required by state law or city code to be connected to a sanitary sewer, connection to the municipal sewer system is not required. Private disposal systems are permitted and must be designed and stamped by a registered professional engineer. Connection to the municipal water system is required. Page 2 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. The 200 foot distance to sewer is in this section of city code: Sec. 18-66. When sewer connection required (with exceptions). The owner of each house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required, at the owner's expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within ninety (90) days after date of official notice to do so, provided a public sewer is within two hundred (200) feet of the property line. An open space/trail corridor runs along the south boundary of the parcel and will be incorporated as part of the Woodlands private trail system. This is not a city maintained system and is not a condition of preliminary plat approval. PUBLIC COMMENTS: Notice of the public hearing will be published in the newspaper. STAFF RECOMMENDATION: Set a public hearing for July 6, 2021. Join by zoom teleconference https://us02web.zoom.us/j/83974094396 Meeting ID 839 7409 4396 Or dial in at +1 346 248 7799 and enter Meeting ID ATTACHMENTS: Page 4 - Aerial and Zoning Map Page 5 - Preliminary Plat Tract W1 Page 6 - Context Map – Tract W1 (this request) and Tract H (separate rezoning request) Staff Contact: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. Location of preliminary plat approval – Yellow Boundary Cross Hatch – PUD and DRD zoning Green = City Agriculture zoning Page 4 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m.  Page 5 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m. Location of preliminary plat approval Page 6 Spearfish Planning Commission Staff Report Meeting Date: June 15, 2021 at 2:00 p.m.